"port, without alleging at or for what "rate, price or value the same was " bought, sold, received, paid, or "put off, or offered to be bought, " sold, received, paid, or put off." (Former provisions, 8 & 9 Will. 3, c. 26, s. 6, and 2 & 3 Will. 4, c. 34, s. 6.) "shall, in England and Ireland, be guilty of felony, and in Scotland "of a high crime and offence, and "being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servi"tude for any term not exceeding "fourteen years, and not less than "five years (27 & 28 Vict. c. 47), or to be imprisoned for any term "not exceeding two years, with or "without hard labour, and with or without solitary confinement." | (Former provision, 2 & 3 Will. 4, c. a-crown-Held, that the variance 34, s. 5.) An indictment on 8 & 9 Will. 3, c. 26, s. 6, stated that five counterfeit shillings were paid and put off for two shillings; the proof was that five bad shillings were sold for half was fatal, as it was a contract which must be correctly proved as laid. 6. Buying or selling Counterfeit. Rex v. Joyce, Car. C. L. 184- Coin. Thompson and Heath. By 24 & 25 Vict. c. 99, s. 6, In an indictment for putting off "whosoever, without lawful author- counterfeit money, at a lower rate "ity or excuse (the proof whereof than its denomination imports, it "shall lie on the party accused), was alleged that the prisoner put off "shall buy, sell, receive, pay, or put a counterfeit sovereign and three "off, or offer to buy, sell, receive, counterfeit shillings for the sum of pay, or put off, any false or coun- five shillings; the proof was, that "terfeit coin, resembling or appar- the prisoner said he would let the "ently intended to resemble or pass witness have a bad sovereign at "for any of the Queen's current four shillings, and three bad shilgold or silver coin, at or for a low-lings at one shilling, and the witness er rate or value than the same im- paid for them with two good halfports or was apparently intended crowns:-Held, that this proof sup"to import, shall, in England and ported the allegation. Rex v. HedIreland, be guilty of felony, and ges, 3 C. & P. 410-Vaughan. "in Scotland of a high crime and Where, on a bargain for the "offence, and being convicted there- sale of counterfeit money, the price "of shall be liable, at the discretion had been agreed upon and the pris"of the court, to be kept in penal oner had produced the coin, but the "servitude for life, or for any term complete transfer was prevented by "not less than five years (27 & 28 the appearance of the police officers: "Vict. c. 47), or to be imprisoned-Held, that it did not amount to a "for any term not exceeding two putting off within 8 & 9 Will. 3, c. years, with or without hard la- 26. Rex v. Wooldridge, 1 Leach, "bour, and with or without solitary C. C. 307; 1 East, P. C. 169. "confinement;" 66 66 "And in any indictment for any "such offence, it shall be sufficient "to allege that the party accused "did buy, sell, receive, pay, or put "off, or did offer to buy, sell, receive, pay, or put off, the false or "counterfeit coin at or for a lower rate or value than the same imports or was apparently intended to im An indictment on 8 & 9 Will. 3, c. 26, s. 6, for putting off bad money, must have stated that it was "not cut in pieces." Rex v. Palmer, 1 Leach, C. C. 102. In an indictment for putting off counterfeit money, the names of the persons to whom it was put off ought to be set out. Anon. 1 East, P. C. 180-Holt. | 7. Exchanging Coin at higher than "guilty of a misdemeanor, and be"ing convicted thereof shall be lia its Value. The exchanging guineas for banknotes, taking the guineas in such exchange at a higher value than they were current for by the king's proclamation, was not an offence against 5 & 6 Edw. 6, c. 19. (Repealed by 56 Geo. 3, c. 68.) Rex v. De Yonge, 14 East, 402. 8. Importing or Exporting Counterfeit Coin. 66 By 24 & 25 Vict. c. 99, s. 16, "whosoever shall deface any of the Queen's current gold, silver or copper coin, by stamping thereon any names or words, whether such 66 Importing.]-By 24 & 25 Vict." 66 66 c. 99, s. 7, whosoever, without" coin shall or shall not be thereby "lawful authority or excuse (the "diminished or lightened, shall, in "proof whereof shall lie on the "England and Ireland be guilty of "party accused), shall import or a misdemeanor, and in Scotland "receive into the United Kingdom, "of a crime and offence, and, being "from beyond the seas, any false or "convicted thereof, shall be liable, "counterfeit coin resembling or ap- at the discretion of the court, to be "parently intended to resemble or 'imprisoned for any term not expass for any of the Queen's cur- ceeding one year, with or without rent gold or silver coin, knowing "hard labour." (Former provision, "the same to be false or counter- 16 & 17 Vict. c. 102, s. 1.) "feit, shall, in England and Ireland By s. 17, no tender of payment "be guilty of felony, and in Scot-" in money made in any gold, silver "land of a high crime and offence," or copper coin so defaced by "and being convicted thereof, shall "stamping as in the last preceding "be liable, at the discretion of the "section mentioned shall be allowcourt, to be kept in penal servi- "ed to be a legal tender; and who"tude for life, or for any term not soever shall tender, utter or put "less than five years (27 & 28 Vict."off any coin so defaced, shall on c. 47), or to be imprisoned for any "conviction thereof before two jus"term not exceeding two years, "tices, be liable to forfeit and pay "with or without hard labour, and any sum not exceeding 40s.: pro"with or without solitary confine- "vided that it shall not be lawful "ment." (Former provision, 2 & 3" for any person to proceed for any Will. 4, c. 34, s. 6.) "such last-mentioned penalty with"out the consent, ín England or Exporting.]-By s. 8, "whoso-"Ireland, of her Majesty's attorneyever, without lawful authority or general for England or Ireland excuse (the proof whereof shall " respectively, or in Scotland of the "lie on the party accused), shall "lord advocate." (Former provis"export, or put on board any ship, ion, 16 & 17 Vict. c. 102, s. 2.) "vessel or boat for the purpose of be"ing exported from the United King 66 66 66 66 dom, any false or counterfeit coin, "resembling or apparently intended "to resemble or pass for any of the" where any coin shall be tendered "Queen's current coin, knowing the "as the Queen's current gold or silsame to be false or counterfeit, ver coin to any person who shall “shall, in England and Ireland, be" suspect the same to be diminish 66 66 66 66 66 "ed otherwise than by reasonable" or begin or proceed to make or wearing, or to be counterfeit, it "mend, or buy or sell, or have in "shall be lawful for such person to "his custody or possession, any incut, break, bend or deface such " strument, tool, or engine adapted "coin, and if any coin so cut, brok-" and intended for the counterfeiten, bent or defaced shall appearing any of the Queen's current "to be diminished otherwise than " copper coin; or shall buy, sell, "by reasonable wearing, or to be " receive, pay, or put off, or offer "counterfeit, the person tendering "to buy, sell, receive, pay, or "the same shall bear the loss there-"6 put off, any false or counter"of; but if the same shall be of due "terfeit coin, resembling, or apparweight, and shall appear to be " 'ently intended to resemble or pass "lawful coin, the person cutting, "for any of the Queen's current "breaking, bending or defacing the "copper coin, at or for a lower rate same is hereby required to receive or value than the same imports, "the same at the rate it was coined" or was apparently intended to im"for; and if any dispute shall arise "port, shall, in England and Ire"whether the coin so cut, broken, "land, be guilty of felony, and in "bent or defaced be diminished in "Scotland of a high crime and of manner aforesaid, or counterfeit," fence, and being convicted thereof, "it shall be heard and finally de- "shall be liable, at the discretion "termined in a summary manner "of the court, to be kept in penal by any justice of the peace, who" servitude for any term not exceedis empowered to examine upon "ing seven years, and not less than "oath as well the parties as any "five years (27 & 28 Vict. c. 47), 66 other person, in order to the de- " or to be imprisoned for any term cision of such dispute; and the "not exceeding two years, with or "tellers at the receipt of her Maj-" without hard labour, and with "esty's Exchequer, and their dep-" or without solitary confinement. "uties and clerks, and the receivers- Former provision, 2 & 3 Will. 4. c. general of every branch of her 34, s. 12.) Majesty's revenue, are hereby required to cut, break, or deface, or Uttering.]-By s. 15, "whosocause to be cut, broken or defaced, "ever shall tender, utter or put off every piece of counterfeit or un- any false or counterfeit coin, re"lawfully diminished gold or silver"sembling or apparently intended "coin which shall be tendered to to resemble or pass for any of "them in payment for any part of" the Queen's current copper coin, "her Majesty's revenue." (Former "knowing the same to be false or provision, 2 & 3 Will. 4, c. 34, s." counterfeit, or shall have in his 13.) "custody or possession three or more pieces of false or counterfeit "coin, resembling, or apparently "intended to resemble or pass for Counterfeiting.]-By 24 & 25 Vict." any of the Queen's current copper c. 99, s. 14, "whosoever shall false-" coin, knowing the same to be false ly make or counterfeit any coin, or counterfeit, and with intent to "resembling or apparently intended "utter or put off the same or any 66 to resemble or pass for any of the" of them, shall, in England and Ire"Queen's current copper coin; and "land, be guilty of a misdemeanor, "whosoever, without lawful author-" and in Scotland of a crime and "ity or excuse (the proof whereof "offence, and being convicted there"shall lie on the party accused), of, shall be liable, at the discretion "shall knowingly make or mend," of the court, to be imprisoned for 66 66 66 66 11. Counterfeiting and uttering Copper Coin. 66 66 any term not exceeding one year, "with or without hard labour, and "with or without solitary confine66 ment." " & 28 Vict. c. 47), or to be im" "prisoned for any term not exceed" ing two years, with or without "hard labour, and with or without "solitary confinement." (Former provision, 37 Geo. 3, c. 126, s. 3.) Uttering.]-By s. 20, "whoso Before these Enactments.]-Uttering or tendering in payment counterfeit copper money was not an indictable offence. Rex v. Cirwan, 1" ever shall tender, utter, or put off East, P. C. 182. 66 'any such false or counterfeit coin, "resembling or apparently intended 66 12. Counterfeiting and uttering For-"to resemble or pass for any gold eign Coin. or silver coin of any foreign Gold and Silver.]-By 24 & 25" prince, state, or country, knowing Vict. c. 99, s. 18, "whosoever shall" the same to be false or counter"make or counterfeit any kind of "feit, shall, in England and Ire"coin, not being the Queen's cur- "land, be guilty of a misdemeanor, "rent gold or silver coin, but re- "and being convicted thereof shall "sembling or apparently intended "be liable, at the discretion of the "to resemble or pass for any gold court, to be imprisoned for any "or silver coin of any foreign prince," term not exceeding six months, "state, or country, shall, in Eng" with or without hard labour." “land and Ireland, be guilty of fel- (Former provision, 37 Geo. 3, c. 126, ony, and in Scotland of a high crime s. 4.) "and offence, and being convicted “thereof, shall be liable, at the dis- Second and Third Offences.]"cretion of the court, to be kept By s. 21," whosoever, having been "in penal servitude for any term so convicted as in the last preced"not exceeding seven years, and “ "ing section mentioned, shall afternot less than five years (27 & 28"wards commit the like offence of "Vict. c. 47), or to be imprisoned" tendering, uttering, or putting off "for any term not exceeding two any such false or counterfeit coin years, with or without hard la-"as aforesaid, knowing the same to bour, and with or without soli-"be false or counterfeit, shall, in "tary confinement." (Former provision, 37 Geo. 3, c. 126, s. 2.) 66 66 By s. 19, "whosoever, without "lawful authority or excuse (the 'proof whereof shall lie on the 66 66 66 66 66 "England and Ireland, be guilty "of a misdemeanor, and, being con"victed thereof, shall be liable, at "the discretion of the court, to be "imprisoned for any term not exparty accused), shall bring or re- ceeding two years, with or with"ceive into the United Kingdom out hard labour, and with or "any such false or counterfeit coin," without solitary confinement; and resembling or apparently intended "whosoever, having been so con"to resemble or pass for any gold "victed of a second offence, shall or silver coin of any foreign "afterwards commit the like offence "prince, state, or country, knowing" of tendering, uttering, or putting "the same to be false or counter- "off any such false or counterfeit "feit, shall, in England and Ireland,"coin as aforesaid, knowing the "be guilty of felony, and, being 66 same to be false or counterfeit, "convicted thereof, shall be liable, shall, in England and Ireland, be "at the discretion of the court, to guilty of felony, and in Scotland "be kept in penal servitude for any "of a high crime and offence, and, "term not exceeding seven years, "being convicted thereof, shall be "and not less than five years (27"liable, at the discretion of the 66 66 "order of justice, and shall for every "such offence forfeit and pay any court, to be kept in penal serv"itude for life, or for any term not "less than three years; or to be" sum of money not exceeding 408., "imprisoned for any term not exceeding two years, with or without hard labour, and with or "without solitary confinement." 66 66 66 66 provisions, 37 Geo. 3, c. 126, s. 6, and 43 Geo. 3, c. 139, s. 6.) nor less than 10s. for every such "piece of false and counterfeit coin "which shall be found in the cus 'tody or possession of such person, 66 one moiety to the informer, and the Foreign Copper Coin.]-By s. 22, "other moiety to the poor of the "whosoever shall falsely make or parish where such offence shall be "counterfeit any kind of coin, not "committed; and in case any such "being the Queen's current coin," penalty shall not be forthwith "but resembling or apparently in- "paid, it shall be lawful for any "tended to resemble or pass for any "such justice to commit the person copper coin, or any other coin" who shall have been adjudged to "made of any metal or mixed met- pay the same to the common gaol "als of less value than the silver "or house of correction, there to be "coin of any foreign prince, state, "kept to hard labour for the space "or country, shall, in England and "of three months, or until such "Ireland, be guilty of a misde-" penalty shall be paid." (Former meanor, and being convicted "thereof, shall be liable, at the dis"cretion of the court, for the first "offence, to be imprisoned for any 13. Implements of Coining. "term not exceeding one year, and By 24 & 25 Vict. c. 99, s. 24, "for the second offence, to be kept "whosoever, without lawful au"in penal servitude for any term "thority or excuse (the proof wherenot exceeding seven years, and "of shall lie on the party accused), "not less than five years (27 & 28" shall knowingly make or mend, or "Vict. c. 47), or to be imprisoned "begin or proceed to make or mend, "for any term not exceeding two or buy or sell, or have in his cusyears, with or without hard la-"tody, or possession, any puncheon, bour, and with or without solitary" counter puncheon, matrix, stamp, "confinement." (Former provision, "die, pattern, or mould in or upon 43 Geo. 3, c. 139, s. 3.) "which there shall be made or impressed, or which will make or Unlawful Possession.]-By s. 23,"impress, or which shall be adapt"whosoever, without lawful author-"ed and intended to make or im "ity or excuse (the proof whereof " press, the figure, stamp, or appar "shall lie on the party accused), "shall have in his custody or posses- "of the sides of any of the Queen's "sion any greater number of pieces "than five pieces of false or coun"terfeit coin, resembling or appar 66 66 66 66 66 ent resemblance of both or either current gold or silver coin, or of any coin of any foreign prince, 66 state, or country, or any part or parts of both or either of such "sides; or shall make or mend, or "begin or proceed to make or mend, 66 ently intended to resemble or pass "for any gold or silver coin of any "foreign prince, state, or country, or any such copper or other coin" or shall buy or sell, or have in his "as in the last preceding section "custody or possession, any edger, "mentioned, shall, on conviction" edging or other tool, collar, in"thereof before any justice of the 66 peace, forfeit and lose all such false "and counterfeit coin, which shall "be cut in pieces and destroyed by "strument, or engine adapted and "intended for the marking of coin "round the edges with letters, grain"ings, or other marks, or figures |
